On torture and other felonies against moral integrity

Specialist Lawyers in Torture and other Felonies Against Moral Integrity in Spain

Spanish Criminal Code

On torture and other felonies against moral integrity

Article 173

1. Whoever inflicts a degrading treatment on another person, seriously damaging his moral integrity, shall be punished with a sentence of imprisonment of six months to two years.

The same punishment shall be imposed on those who, within the setting of any labour relation or the civil service, availing themselves of their superior status, repeatedly perpetrate hostile or humiliating acts against another that, while not reaching the status of degrading treatment, amount to serious harassment of the victim.

The same punishment shall also be imposed on those who repeatedly perpetrate hostile or humiliating acts that, while not reaching the statement of degrading treatment, are aimed at preventing lawful enjoyment of a dwelling.

2. Whoever habitually uses physical or mental violence against the person who is or has been his spouse or the person who is or has been bound to him by a similar emotional relation, even without cohabitation, or against descendents, ascendants or biological, adopted or fostered siblings, against that person or the spouse or cohabitating partner, or against minors or the incapacitated who live with him or who are subject to the parental rights, guardianship, care, fostership or safekeeping of the spouse or cohabitating partner, or against a person protected by any other relation by which that person is a member of the core family unit, as well as against persons who, due to their special vulnerability are subject to custody or safekeeping in public or private centres, shall be punished with a sentence of imprisonment of six months to three years, deprivation of the right to own and carry weapons from two to five years and, when appropriate, when the Judge or Court of Law sees it fit in the interest of the minor or incapacitated person, special barring from exercise of parental rights, guardianship, care, safekeeping or fostership for a term from one to five years, without prejudice to the penalties that may be relevant for the felonies or misdemeanours in which the acts of physical or mental violence have been materialised.

The penalties shall be imposed in the upper half when any one or number of the acts of violence are committed in the presence of minors, or using weapons, or take place in the common dwelling or in the dwelling of the victim, or are perpetrated in breach of any of the penalties foreseen in Article 48 of this Code, or of an precautionary or security measure or prohibition of the same kind.

3. In order to appraise the habitual nature referred to in the preceding Section, the number of proven acts of violence shall be considered, as well as the nearness of these in time, regardless of whether that violence has been perpetrated against the same or different victims described in this Article, and whether the violent acts have or have not been judged in previous proceedings.

Article 174

1. Torture is committed by the public authority or officer who, abusing his office, and in order to obtain a confession or information from any person, or to punish him for any act he may have committed, or is suspected to have committed, or for any reason based on any kind of discrimination, subjects that person to conditions or procedures that, due to their nature, duration or other circumstances, cause him physical or mental suffering, suppression or decrease in his powers of cognizance, discernment or decision, or that in any other way attack his moral integrity.

Those found guilty of torture shall be punished with a sentence of imprisonment from two to six years if the offence is serious, and of imprisonment from one to three years if it is not. In addition to the penalties stated, in all cases, the punishment of absolute barring shall be imposed, from eight to twelve years.

2. The same penalties shall be incurred, respectively, by the authority or officer of penitentiary institutions or correctional or protection centres for minors who may commit the acts referred to in the preceding Section in relation to the detainees, interns or prisoners.

Specialist Lawyers in Torture and other Felonies Against Moral Integrity

Article 175

The authority or public officer who, abusing his office and outside the cases considered in the preceding Article, attacks the moral integrity of a person, shall be punished with a sentence of imprisonment of two to four years if the attack is serious and of six months to two years imprisonment if it is not. In all cases, in addition to the penalties stated, the offender shall be subject to that of special barring from public employment and office for two to four years.

Article 176

The penalties, as respectively established in the preceding Articles, shall be imposed on the authority or officer who, in breach of the duties of his office, were to allow other persons to perpetrate the acts foreseen therein.

Article 177

If the offences described in the preceding Sections, in addition to attacking moral integrity, were to cause injury or damage to life, physical integrity, health, sexual freedom or the assets of the victim or a third party, such acts shall be punished separately with the relevant punishment for the felonies or misdemeanours committed, except when they are already specifically punished with the Law.